Robinson v. Webster Cnty. Miss.
| Decision Date | 11 March 2020 |
| Docket Number | CIVIL ACTION NO. 1:19-CV-121-SA-DAS |
| Parties | FELICIA ROBINSON PLAINTIFF v. WEBSTER COUNTY MISSISSIPPI, WEBSTER COUNTY SHERIFF'S DEPARTMENT, TIM MITCHELL, SANTANA TOWNSEND, and DAREN PATTERSON DEFENDANTS |
| Court | U.S. District Court — Northern District of Mississippi |
Felicia Robinson initiated this action on June 17, 2019, by filing her Complaint [1] against Webster County, Mississippi, the Webster County Sheriff's Department, former Webster County Sheriff Tim Mitchell (in his official and individual capacity), former Webster County Dispatcher Santana Townsend (in her official and individual capacity), and her husband, Daren Patterson. Presently before the Court is a Motion to Strike [31] filed by Robinson, as well as multiple Motions for Judgment on the Pleadings filed by various parties [18, 20, 22, 26, 35]. Each of the motions is ripe for review.1
In May 2018, Daren Patterson was arrested by the Webster County Sheriff's Department for assaulting a police officer and for possession of methamphetamine. After failing to post bond, Patterson remained in the custody of the Webster County Sheriff's Department until November 2018.2
According to Robinson's Complaint [1], while Patterson was in the custody of the Webster County Sheriff's Department, Webster County Sheriff Tim Mitchell appointed Patterson as a trusty of the jail. During Patterson's period of incarceration, on September 1, 2018, Sheriff Mitchell granted Patterson a "weekend jail pass." During that weekend, Patterson was involved in an altercation with Robinson, his wife, at a pool hall in Eupora, Mississippi. According to Robinson, Patterson assaulted her and attempted to kill her by running over her with his vehicle. As a result of that incident, Patterson was charged by the Eupora Police Department with leaving the scene of an accident. Robinson further avers that Sheriff Mitchell was aware of this incident. Patterson was granted an additional "jail furlough" by Sheriff Mitchell on October 11, 2018. No altercations occurred during Patterson's October 11, 2018 furlough.
Sheriff Mitchell again granted Patterson a "weekend pass" on the weekend of November 2, 2018. Robinson contends that, during the November 2, 2018 weekend pass, Patterson subjected her to "malicious and sadistic" abuse. Specifically, Robinson alleges that on the afternoon of November 2, 2018, Patterson threw a beer can at her, punched her in the face, and threatened to burn down her home. Later that evening, Patterson allegedly punched a hole in the wall of Robinson's home and subjected her to verbal and physical abuse, causing Robinson to fear for her life. At approximately 9:23 p.m. that night, Robinson made a call to Dispatcher Santana Townsend, who was a dispatcher with Webster County at the time, seeking law enforcement assistance. Robinson purportedly placed the call to Dispatcher Townsend's cell phone, rather than the general phone number for the Webster County Sheriff's Department, because she had a personal relationship with Dispatcher Townsend.3 Dispatcher Townsend did not dispatch law enforcement to Robinson's residence but instead placed another trusty on the phone to speak to Patterson tocalm him down. Patterson became even more agitated following the phone conversation and never left Robinson's residence. Law enforcement was never dispatched to Robinson's home.
At approximately 12:30 a.m. the following morning, Patterson, while still in an enraged state, purportedly threw Robinson on the bathroom floor, punched her repeatedly, and poured "Liquid Fire" on her in an apparent attempt to burn her alive. After a struggle, Robinson eventually escaped from Patterson and tried to travel to the hospital to seek treatment for her injuries, which included significant burns. She was unable to leave the residence without Patterson, and she traveled to the hospital with Patterson in the passenger seat of her vehicle. When Robinson and Patterson arrived at the hospital in the early morning hours of November 3, 2018, Robinson received extensive medical treatment for her injuries and was later transferred to a burn treatment center in Brandon, Mississippi. Patterson eventually returned to the Webster County Jail and was released from custody sometime later.
Robinson initiated this action on June 17, 2019, by filing her Complaint [1] against Webster County, the Webster County Sheriff's Department, Sheriff Mitchell, Dispatcher Townsend, and Patterson. Robinson's Complaint sets forth eighteen different counts, including various Section 1983 and state law claims, and requests compensatory and punitive damages. In the first ten counts of her Complaint, Robinson asserts a litany of state law claims, including claims for assault, battery, false imprisonment, and intentional infliction of emotional distress against Patterson; failure to supervise an inmate and negligent infliction of emotional distress claims against Webster County, the Webster County Sheriff's Department, Sheriff Mitchell, and Dispatcher Townsend; and a gross negligence claim against Webster County, the Webster County Sheriff's Department, and Dispatcher Townsend in her representative capacity. Robinson also asserts various Section 1983 claims. Specifically, she asserts claims against Patterson for violations of her Fourteenth,Fourth, and Eighth Amendment rights, as well as separate claims against Webster County and the Webster County Sheriff's Department on the basis that those entities are liable for Patterson's purported violations of her constitutional rights. Robinson also asserted a claim for failure to train and supervise against Webster County, the Webster County Sheriff's Department, and Sheriff Mitchell. Dispatcher Townsend responded to Robinson's Complaint by filing a pro se Answer and Counterclaim [13], asserting that many allegations in Robinson's Complaint are false and constitute defamation of character. Although Patterson was served with process on June 20, 2019, he has not filed an answer or any other responsive pleading in this cause, and the Clerk has entered a default against him.
On August 15, 2019, Webster County, the Webster County Sheriff's Department, Sheriff Mitchell, and Dispatcher Townsend filed a joint Motion for Judgment on the Pleadings [18] seeking dismissal of all duplicate official capacity claims against Sheriff Mitchell and Dispatcher Townsend. Webster County Sheriff's Department also moved for dismissal on the basis that it lacks capacity to be sued [20]. Webster County filed a separate Motion for Judgment on the Pleadings seeking dismissal of all claims against it [22], arguing that Robinson's Section 1983 claims fail as a matter of law and that the Court should decline to exercise supplemental jurisdiction over the state law claims or, alternatively, also grant judgment in its favor on those claims. Sheriff Mitchell filed a separate Motion for Judgment on the Pleadings [35], contending he is entitled to qualified immunity.
Additionally, Robinson filed a Motion for Judgment on the Pleadings as to Dispatcher Townsend's Counterclaim [26]. Finally, Robinson filed a Motion to Strike [31], arguing that Webster County should be judicially estopped from contending that Patterson was not in its custody at the time of the subject incident.
As set forth above, Robinson's Motion to Strike [31] and the various Motions for Judgment on the Pleadings [18, 20, 22, 26, 35] are currently before the Court. The Court will address each of the pending Motions in turn.
Rule 12(f) of the Federal Rules of Civil Procedure places upon district courts the authority to "strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." FED. R. CIV. P. 12(f). "[M]otions to strike defenses are generally disfavored and rarely granted." Blount v. Johnson Controls, Inc., 328 F.R.D. 146, 148 (S.D. Miss. 2018) (quoting Solis v. Bruister, 2012 WL 776028, *7 (S.D. Miss. Mar. 8, 2012)). A defense should be stricken only when it "cannot, as a matter of law, succeed under any circumstance." U.S. v. Renda, 709 F.3d 472, 479 (5th Cir. 2013).
In her Motion [31], Robinson contends that, pursuant to the doctrine of judicial estoppel, the Court should strike Webster County's defense that Patterson was illegally released and not in the County's custody on the night of the subject incident. Robinson also argues that Webster County should be estopped from making this argument in its briefs and other filings with the Court. Robinson's Motion specifically concerns the following two statements contained in Webster County's Answer to the Complaint:
EIGHTH DEFENSE
Patterson's release was illegal. It was not the act of Webster County. It is not attributable to Webster County under state or federal law.
Robinson argues that Webster County should be judicially estopped from contending that Patterson was not in its custody at the time of the subject incident due to the content of the Notice of Criminal Disposition which it filed in Patterson's state court criminal case, State of Mississippi v. Daren Patterson, Webster County Circuit Court Cause No. CR2013-041. Specifically, Robinson relies upon the Notice of Criminal Disposition's indication that Robinson was confined in the Webster County Jail at all times from May 30, 2018 to November 20, 2018. Robinson argues that "[b]y way of [the] Notice of Criminal Disposition, which is signed by the Circuit Clerk and bears the Seal of the Circuit Court, the County represents that Daren Patterson was 'confined' in the 'Webster County Jail' from '5/30/2018 to 11/20/2018.'" Stated differently, Robinson argues that because Webster County in the Notice of Criminal Disposition represented that...
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